Construction Litigation

Holland & Hart's construction litigators are experienced not only in the courtroom but in arbitration, mediation, and other resolution settings. From routine contract disputes to complex, multiparty proceedings, our team consults with clients to understand their business goals and objectives with regard to any matter. From this understanding, we can best advise clients on the various options and opportunities available to them to either settle favorably or contest a case to its ultimate outcome, including on appeal.

In addition to robust experience and deep knowledge of trials, arbitrations, and mediations, our team benefits from the specialized persuasive training and resources available through our in-house settlement and litigation consulting group, Persuasion Strategies. Comprised of four PhD-level consultants and a sophisticated multimedia cohort, the group provides mock trial research and witness preparation and jury selection support to help construction clients align litigation strategy at every step. Persuasion Strategies also delivers top-flight multimedia support, including 3-D modeling, onscreen animation, and exhibit construction, to help our lawyers make their points resonate with juries, judges, and arbitrators in the courtroom or alternative resolution setting.

Some significant construction litigation or transactional matters in which we have recently been involved include:

Successfully defended the construction arm of a top-10 ENR engineering firm in a dispute with a subcontractor over $8.5M in extra work claims. After a two-week trial in Federal Court, the jury awarded only $150k in damages, while awarding our client approximately $1.5M.

Successfully defended a top-25 ENR engineering firm in a contract, standard of care, and overbilling dispute with a local water district. The District contended the error required an entirely new pump station, while the firm contended the problem was easily fixable. The District indeed replaced the pump station before trial, yet the jury awarded only the cost of the firm's easy repair (an amount that equaled approximately 3% of the District's claim). The jury handed down a complete defense verdict for the firm on the overbilling claim.

Lead trial counsel in a complex governmental contracting case arising from the attempted construction of a state-of-the-art nuclear waste treatment facility at the Idaho National Engineering and Environmental Laboratory. The case involved hundreds of millions of dollars in claims and months of trial.

Counsel for a large, publicly funded art museum in connection with the design and construction of a very high profile addition. The building addition had numerous, highly technical problems and the claim amount exceeded $30 million.

Representation of one of North America's largest gas pipeline companies. We are reviewing and revising its design, construction, procurement, service and management operations and contracts, using a web-based system involving modules and tracking systems.

Lead counsel for a Department of Transportation in a western U.S. state regarding claims of faulty engineering on a freeway overpass. The claims against our client were in excess of $30 million. There were numerous parties and highly technical issues.

General counsel to the owners of a very large public works water system. The project is estimated to last until 2015, and Holland & Hart is handling all construction disputes, claims, and contract issues. The project primarily involves the planning, design, procurement, permitting, land acquisition, and construction of waste water conveyance system, with a present budget of approximately $750M.

Successfully resolved claims on behalf of the owner of a high-volume cheese-processing plant in New Mexico ($500M per year in sales) which contracted for a state-of-the-art waste water treatment plant to be associated with the processing facility.

Defense of an engineering firm against a $7M claim related to storm water drainage systems in a large residential subdivision. The subdivision, which encompassed over 1,000 acres, was created in rangeland with no prior meaningful services such that every aspect of the subdivision and the services necessary to support it were engineered from scratch.